Bombay High Court
ANANDA ABAJI SHELARversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Dismissed
- Bench
- M M SATHAYE
Holding
The revision application is dismissed for want of prosecution due to the applicant's non‑appearance.
Summary
Ananda Abaji Shelar filed a criminal revision application challenging an order of acquittal. The applicant failed to appear despite service of notice, and fresh notices were issued on 13.01.2026. Several respondents, including accused and villagers, were reported dead, with death certificates recorded. The court noted the applicant's non‑appearance and dismissed the revision for want of prosecution. No substantive merits of the acquittal were examined.
Issues considered
- What is the effect of the applicant's failure to appear after service of notice on a criminal revision application?
- Can a revision proceeding continue when the applicant is absent and no prosecution is possible?
Subjects
- criminal revision
- order of acquittal
- service of notice
- want of prosecution
- non‑appearance
Judgment
Digitally
signed by
VINA 12.cri.revn.489.2004.doc
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.04.28
18:25:32
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.489 OF 2004
Ananda Abaji Shelar … Applicant
Versus
The State of Maharashtra & ors. … Respondents
***
None for the Applicant.
Ms. Rashmi S. Tendulkar, APP for the Respondent-State.
Mr. Rutwik S. Gaikwad i/b. Mr. Gautam R. Bhalerao for Respondent
No.2
***
CORAM : M.M. SATHAYE, J.
DATE : 28th APRIL, 2026
P.C. :
1. Since nobody was appearing for the Applicant and Respondent
Nos.2 to 9, fresh notices were issued on 13.01.2026. According to the
office note, notice issued to the Applicant is served.
2. Learned advocate appearing for Respondent No.2 states that
Respondent Nos.3, 4 (accused) and 7, 9 (villagers) have died and
copies of their death certificates are tendered. The same are taken on
record are marked ‘X’ (colly) for identification.
3. The Revision is filed against the order of acquittal. Revision
Applicant is not appearing despite service. Therefore, Revision
Application is dismissed for want of prosecution.
(M.M. SATHAYE, J.)
Vina Khadpe 1
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